1. Introduction

Defamation can be referred as the deliberate and intentional communication of misleading information about a person with an intent to harm his or her reputation. Defamation is a criminal violation penalized by damages under the Law of Torts, while under civil law, it is a bailable, non-cognizable, and compoundable offense.

2. Legal Provisions for Defamation under Indian Law

(a) Section 499 of Indian Penal Code,1860 [1]

Section 499 of the Indian Penal Code defines defamation as any statement that negatively impacts an individual's reputation.

"Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person."

Along with the definition, Section 499 also states 10 exceptions for defamation which are mentioned below:

1. It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
2. It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.
3. It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.
4. It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.
5. It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
6. It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.
7. It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
8. It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.
9. It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
10. It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

(b) Section 500 of Indian Penal Code,1860

Section 500 of Indian Penal Code states the punishment for Defamation.

Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. [2]

3. Forms of Defamation

(a) Civil Defamation:

In India, civil defamation is a legal action brought against an individual or organization for making false claims that affect their reputation. It is classified as a tort, a civil violation that causes injury. A person who thinks they have been defamed may launch a civil complaint to recover damages for the harm done to their reputation.

Following conditions must be fulfilled for filing a lawsuit against defamation:

• The presence of a defamatory statement is required. Defamatory content is one calculated to injure the reputation of a person or a class of persons by exposing them to hatred, contempt or ridicule. The test whether it damages reputation has to be calculated from the eyes of a common man and his comprehension of the matter. [3]
• False statements must be delivered to a third party, either in written or verbally, via different methods such as print, spoken words, or electronic, and must be derogatory to the person's reputation, character, profession, business, or social status.
• The defamatory statements must be specific and clear.

(b) Criminal Defamation:

Criminal defamation is the act of making false statements with the intention to harm someone's reputation, which can result in criminal charges. The application of criminal defamation laws often involves a careful balance between protecting an individual's reputation and ensuring the right to freedom of expression.

Article 19(1)(a) of the Constitution protects freedom of speech and expression [4] , while Article 21 protects the right to reputation [5] . Balancing these rights is a constitutional necessity. Defamation laws aim to create a balance by punishing those who harm another's reputation while protecting those who communicate truth or say something in good faith.

4. Cyber Defamation in India

Cyber defamation is the publication of false information about another individual using computers or the internet in general. Cyber-defamation occurs when someone makes false statements about another person and posts them online or sends emails to other individuals that contain false information with the intent to harm the aggrieved party. The damage done to a person by posting a defamatory comment about them on a website is extensive and irreparable because the material is public and accessible to everyone.

The Indian Legal system provides punishment against such cyber-defamations under Section 66(A) of The Information Technology Act, 2000 which states that: [6]

Any person who sends, by means of a computer resource or a communication device,-

1. any information that is grossly offensive or has menacing character
2. any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device
3. any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,

shall be punishable with imprisonment for a term which may extend to three years and with fine.

5. Conclusion

The concept of defamation is confusing and continues to be divisive, being utilised and abused by some while having a significant negative influence on the lives of others. The Freedom of Free Speech and defamation laws should coexist in harmony [7]. With the rise of social media and the internet, defamation cases related to online content have become more common. The principles of defamation apply to online platforms as well.

6. Citation

[1] Indian Penal Code,1860 (Act 45 of 1860), s. 499

[2] Indian Penal Code,1860 (Act 45 of 1860), s. 500

[3] Rashmi Senthilkumar, "Defamation Law in India" available at https://www.legalserviceindia.com/legal/article-2224-defamation-law-in-india.html (last visited on January 27,2024)

[4] The Constitution of India, art. 19(1)(a)

[5] The Constitution of India, art. 21

[6] The Information Technology Act, 2000 (Act 21 of 2000), s. 66(A)

[7] Oshika Banerji, " Defamation law in India" available at https://blog.ipleaders.in/defamation-law-in-india/ (last visited on January 28,2024)